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91_HB4147
LRB9112017RCpk
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-3.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-3.2 as follows:
7 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2)
8 Sec. 12-3.2. Domestic Battery.
9 (a) A person commits domestic battery if he
10 intentionally or knowingly without legal justification by any
11 means:
12 (1) Causes bodily harm to any family or household
13 member as defined in subsection (3) of Section 112A-3 of
14 the Code of Criminal Procedure of 1963, as amended;
15 (2) Makes physical contact of an insulting or
16 provoking nature with any family or household member as
17 defined in subsection (3) of Section 112A-3 of the Code
18 of Criminal Procedure of 1963, as amended.
19 (b) Sentence. Domestic battery is a Class A
20 Misdemeanor. Domestic battery is a Class 4 felony if the
21 defendant has any prior conviction under this Code for
22 domestic battery (Section 12-3.2) or violation of an order of
23 protection (Section 12-30). Domestic battery is a Class 4
24 felony if the defendant has any prior conviction under this
25 Code for any felony offense in which the penalty that may be
26 imposed is at least the minimum sentence for a Class 4 felony
27 aggravated battery (Section 12-4), stalking (Section
28 12-7.3), aggravated stalking (Section 12-7.4), unlawful
29 restraint (Section 10-3), or aggravated unlawful restraint
30 (Section 10-3.1), when any of these offenses have been
31 committed against a family or household member as defined in
-2- LRB9112017RCpk
1 Section 112A-3 of the Code of Criminal Procedure of 1963.
2 Domestic battery is a Class 4 felony if the defendant has any
3 prior conviction under this Code for first degree murder,
4 second degree murder, involuntary manslaughter, or aggravated
5 battery of a child. In addition to any other sentencing
6 alternatives, for any second conviction of violating this
7 Section within 5 years of a previous conviction for violating
8 this Section, the offender shall be mandatorily sentenced to
9 a minimum of 48 consecutive hours of imprisonment. The
10 imprisonment shall not be subject to suspension, nor shall
11 the person be eligible for probation in order to reduce the
12 sentence.
13 (c) For any conviction for domestic battery, if a person
14 under 18 years of age who is the child of the offender or of
15 the victim was present and witnessed the domestic battery of
16 the victim, the defendant is liable for the cost of any
17 counseling required for the child at the discretion of the
18 court in accordance with subsection (b) of Section 5-5-6 of
19 the Unified Code of Corrections.
20 (Source: P.A. 90-734, eff. 1-1-99; 91-112, eff. 10-1-99;
21 91-262, eff. 1-1-00; revised 10-7-99.)